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What is the specific standard of the court for sentencing the crime of digging ancient tombs

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What is the specific standard of the court for sentencing the crime of digging ancient tombs


        

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  • 2024-05-26 12:02:09

    The sentencing standard for the crime of robbing and digging ancient tombs in the new criminal law is: those who have committed the crime of robbing and digging ancient tombs shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.

    Among them, the ringleaders or those who repeatedly steal and dig shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property.

    [Legal Basis]

    Article 328 of the Criminal Law stipulates that anyone who robs and digs a site of ancient culture or ancient tomb of historical, artistic or scientific value shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined;

    If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property:

    (1) Excavating and robbing sites of ancient culture and ancient tombs designated as key cultural relics protection units at the national level and cultural relics protection units at the provincial level;

    (2) A ringleader of a gang engaged in excavating and robbing ancient cultural sites and ancient tombs;

    (3) Repeatedly excavating and robbing sites of ancient culture or ancient tombs;

    (4) Excavating and robbing sites of ancient culture or ancient tombs, and stealing precious cultural relics or causing serious damage to precious cultural relics.

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